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Article 10: Definitions 122 <br /> Section 10.1: Definitions <br /> New construction <br /> Structures for which the "start of construction" commenced on or after March 16, 1981, and includes any <br /> subsequent improvements to such structures. <br /> Night Club, Bar, or Pub <br /> An establishment that allows food, alcoholic drink and/or entertainment. <br /> Non-Conformance <br /> Non-conformities are: <br /> a) Lots; <br /> b) Uses of land without structures or with minor structures only; <br /> c) Uses of major structures and premises; <br /> d) Characteristics of Use; and <br /> e) Structures <br /> which were lawful but would be prohibited, regulated or restricted by the enactment of this Ordinance or a <br /> subsequent amendment thereto. Non-conformity may also be created by lawful public taking or actions <br /> pursuant to a court order and have the same effect as violations of this Ordinance, if undertaken privately. <br /> Non-Conversion Agreement: <br /> A document stating that the owner will not convert or alter what has been constructed and approved. <br /> Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same <br /> enforcement procedures and penalties. The agreement must be filed with the recorded deed for the <br /> property. The agreement must show the clerk's or recorder's stamps and/or notations that the filing has <br /> been completed. <br /> Non-Encroachment area <br /> The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to <br /> discharge the base flood without cumulatively increasing the water surface elevation more than one foot <br /> as designated in the Flood Insurance Study report. <br /> Non-Point Source Pollution <br /> Pollution which enters waters mainly as a result of precipitation and subsequent FUR-e##stormwater <br /> runoff286 from lands which have been disturbed by MaR'shuman287 activities and includes all sources of <br /> water pollution which are not required to have a state or local or state permit for discharge into a stream. <br /> Non-Residential Development <br /> Development of any land use which is not residential in nature, including uses (such as churches)which <br /> are allowed in residential zoning districts. <br /> Non-Residential Floor Area - Inclusions and Exclusions <br /> The sum of areas for non-residential use on all floors of the building measured from the outside faces of <br /> the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and <br /> balconies, and below-grade floor areas used for non-residential access and storages. Not countable as <br /> floor area are: <br /> a) Open terraces, patios, atriums, or balconies. <br /> b) Any residential space. <br /> Non-Residential Land Area <br /> All land for non-residential development and related uses, including open space, within the district in the <br /> case of locations which are controlled by these regulations. Non-residential land area shall not be <br /> construed to include lands not beneficial to non- residential use due to location or character, or areas <br /> used predominantly for residential purposes. <br /> 2ss Consistent use of"stormwater runoff'. <br /> 287 Text correction—grammar fix. <br /> Orange County, North Carolina—Unified Development Ordinance Page 10-32 <br />